Human Rights and Development: Case Studies. Syllabus Fall Wednesdays pm Room 403, 66 West 12 th St.

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1 Human Rights and Development: Case Studies Syllabus Fall 2016 Wednesdays pm Room 403, 66 West 12 th St. Instructor: Sakiko Fukuda-Parr Office: Room 703, 72 Fifth Ave Office Hours: Wednesdays pm; Thursdays pm or by appointment. Sign up for regular office hour slots on this link 8NjMxZWExZmI3NDY0ZGJmZWNiODMyODMxMmI0ZjZlYzQ Course description Human rights and development evolved separately as fields of scholarship and practice. An important development since the 2000s has been the convergence of these two fields. The human rights community began to focus on poverty as a major human rights challenge of the twenty first century, while the development community began to consider realizing human rights as a fundamental purpose of development. The course explores current debates on theory and practice of human rights related to development: critique and defense of the human rights based development approach; use of human rights standards and norms to analysis of economic and social policies; the role of local social movements and international advocacy networks to advance human rights; the effectiveness of litigation and perverse consequences; controversies about universality and cultural relativism; social and economic rights as human rights. The course is designed as an independent research project to develop a case study on a theme selected by the student. Each student will develop a case study on human rights and poverty (such as the right to housing, access to patented drugs, rights of migrant workers, or human trafficking) and through this process gain an in-depth understanding of the theory of human rights and the intersection between human rights advocacy and development practice. The course is structured as a sequence of steps to develop the case study. Pre-requisites The course is for students with some background in human rights, poverty and international development as well as a demonstrated ability to do independent research and writing. Course requirements and grading 1

2 Assignments and grading will include: Assignment 1: Note on case description (10%). A short note (2-4 pages) describing the case including at least one paragraph on each of the following: (i) background facts of the case; (ii) the rights holder and their rights; (iii) the duty bearer and their obligations; (iii) what would constitute violation of rights in your case. Write a para stating your research question. Minimum 1000 words Assignment 2: Note on literature review (10%). A short paper (2-4 pages) identifying key conceptual and policy issues related to the case including: (i) conceptual debates; (ii) policy debates; (iii) alternative arguments; (iv) key authors. Classroom participation (10%): Participation is an essential part of this class. Only one absence will be excused. The participation grade will be based on attendance, presentations, and contribution to class discussions. First draft case study first draft (10%): paper in two parts: a description and an analysis. Each part should be at least 4000 words for a total of 8000 words minimum. You may write more. Final draft case study second draft (60%) SGPIA Portfolio Option The course fulfills the portfolio option requirements for SGPIA students. This process will involve submission of a draft and revisions to take account of comments. A grade of at least B+ for the final paper will be required to qualify. Students should familiarize themselves with the guidelines provided in the advising sheet. Communications The class will communicate by the New School - NOT your personal account. Course website: Readings and announcements will be on the course Canvas. Please upload your personal profile on the course page so that we can get to know one another. Useful sources Reference books on concepts and theory of human rights and development: Uvin, Peter Human Rights and Development, Kumarian Press, Bloomfield, CT. (available in New School e-library) Donnelly, Jack Universal Human Rights: In Theory and Practice. (Third edition) Westview Press. 2

3 UNDP (2000). Human Development Report: Human Rights. Oxford University Press. Susan Marks and Andrew Clapham, (2005). International Human Rights Lexicon, Oxford University Press, Oxford. And companion website: Fukuda-Parr, Sakiko, Terra Lawson-Remer, Susan Randolph (2015) Fulfilling Social and Economic Rights (Oxford University Press) Useful websites sources: UN Office of the High Commissioner for Human Rights (OHCHR): Center for Economic and Social Rights Open Global Rights blogs: SUR International Journal on Human Rights COURSE OUTLINE Timeline Date Class topic Case research timeline 1. Aug 31 Introduction Select case 2. Sept 7 What are human Select case rights 3. Sept 14 Guest lecture by Select case Sheila Dauer - Amnesty campaign on violence against women 4. Sept 21 Norms and principles International human rights 5. Sept 28 Norms and principles human rights and poverty Identify rights and obligations. Frame research question. Develop research plan. Assignments and Events Submit one para description of case for approval. Short note on case due 3

4 6. Oct 5 Claiming rights beyond victimisation 7. Oct 12/ Oct 13 No regular class Yom Kippur (Oct 12). Literature review Literature review Individual meetings on Oct 12 (4-8pm) and Oct 11 (4-7pm) 8. Oct 19 Claiming rights in the streets, courts and parliaments 9. Oct 26 Claiming rights macroeconomic policies 10. Nov 2 Claiming rights potential and limits of litigation 11. Nov 9 Norms and principles: Globalisation and extra territorial obligations Case research Case research Case research Case research short note on literature review 12. Nov 16 Norms and Draft paper principles - corporations Nov 22 *Tuesday Thanksgiving week Draft paper 13. Nov 30 Individual meetings Revise paper 14. Dec 7 Student debate Revise paper Nov 21 First draft due Dec 14 Final paper due. Topics 1. Introduction to the course Overview of course objectives, content and structure. Requirements and expectations. Case study selection. Discussion human rights and poverty Core questions and concepts to be covered in the class 4

5 UN (1948). Universal Declaration of Human Rights Khan, Irene (Amnesty International) (2009). Chapter 1, The Unheard Truth: Poverty and Human Rights, New York: W.W. Norton & Co. 2. What are human rights alternative perspectives : Sen, Amartya (2004). Elements of a Theory of Human Rights. Philosophy and Public Affairs 34:4 Donnelly, Jack (2003), chapter 1 The Concept of Human Rights (pp. 7-18) Farmer, Paul (2005), Pathologies of Power: Health, Human Rights and the New War on the Poor Berkeley: University of California Press, chapters 1 and 9. Available from New School E Library Fukuda-Parr, Sakiko, Terra Lawson-Remer, Susan Randolph (2015). Chapters 1 & 2. Fulfilling Social and Economic Rights, OUP Shue, Henry (1996). Basic Rights: Subsistence, Affluence and US Foreign Policy (Second edition) Princeton University Press. Section 1: Three Basic Rights (pp.11-65) 3. Claiming rights Amnesty campaign on violence against women Guest speaker: Sheila Dauer Global and local norms Role of international NGOs and networks Amnesty International Report. Stop VAW: It's In Our Hands, 2004 act en.pdf Ch.1, UN CEDAW and DEVAW Keck and Sikkink. Ch. 1, "Transnational Advocacy Networks in International Politics" in Activists Beyond Borders,

6 CEJIL Brazil: DV and Maria da Penha case Easton et al "Social Policy from the Bottom Up:Abandoning FGC in Sub-Saharan Africa" Development in Practice, 13:5, Sally Engle Merry. "Transnational human rights and local activism: mapping the middle" in American Anthropologist March 2006, Human rights as norms and principles, rights and obligations: international human rights Core concepts and standards of international human rights. International law Norms and social context Rights and obligations Accountability and enforcement OHCHR website. Please familiarize yourself with how this website is organized and what material it contains. UN Committee on Economic, Social and Cultural Rights (CESR), General Comment 3 on the International Covenant on Economic, Social and Cultural Rights United Nations (1966). International Covenant on Economic, Social and Cultural Rights (ICESCR) United Nations (1966). International Covenant on Civil and Political Rights (ICCPR) United Nations (1993) Vienna Declaration and Programme of Action United Nations (1996) Declaration on the Right to Development United Nations (2000). The Maastricht Guidelines on Violations of Economic, Social and Cultlural Rights. UN doc. E/C.12/2000/13. New York: United Nations. Fukuda-Parr et al (2015) Fulfilling Social and Economic Rights Chapter 2 5. Norms and principles - Human Rights and poverty Human rights norms and development 6

7 Critique of development from human rights perspectives Power Accountability Yamin, Alicia (2016) Power, Suffering and the Struggle for Dignity. Pennsylvania Univesity Press. Chapter 2 Amartya Sen (1999) Development as Freedom. Introduction; Chapter 2 OHCHR (2004) Human Rights and Poverty Reduction: A Conceptual Framework (New York and Geneva, United Nations, 2004) UN/OHCHR (2008) Claiming the Millennium Development Goals: A Human Rights Approach. UN, Geneva. Pp Uvin, Peter (2004). Human Rights and Development, Kumarian Press, Bloomfield, CT. Chapter 6 A Rights-Based Approach to Development and chapter 7 Final Synthesis and Questions cid= &p00=human%20rights%20development Supplemental readings: Fukuda-Parr, Sakiko (2013). Human rights and politics of development chapter 10 in Goodhart, M. (ed) Human Rights: Politics and practice, Oxford University Press 2 nd edition Ravi Kambur, Economic Policy, Distribution and Poverty: The Nature of Disagreements. World Development, 29:6 pp Claiming rights - Beyond victimization Kapur, Ratna (2002) The Tragedy of Victimization Rhetoric: Resurrecting the Native Subject in International/Post-Colonial Feminist Legal Politics, Harvard Human Rights Law Journal 15. P.1 Abu-Lughod, Lila (2002). Do Muslim Women Really Need Saving? Anthropological Reflections on Cultural Relativism and Its Others American 7

8 Anthropologist 105.3, p Mutua, Makau Savages, Victims and Saviors: The Metaphor of Human Rights Harvard International Law Review. Kabeer, Naila. Globalisation, labour standards and women s rights: dilemmas of collective action in an interdependent world IDS Globalization and Poverty Research Programme 7. Claiming rights in the streets, courts and parliaments Hertel, Shareen (2015) Right to Food Advocacy in India: Possibilities, Limitations and Lessons Learned chapter 11 in Fukuda-Parr and Taylor, eds. Food Security in South Africa: Human Rights and Entitlement Perspectives Ruparelia, Sanjay (2013) India s New Rights Agenda: Genesis, Promises, Risks. Pacific Affairs 86: Ruparelia, Sanjay (2013) A Progressive Juristocracy? The Unexpected Social Activism of India s Supreme Court. Kellog Institute for International Studies Working Paper #391 Supplementary readings Doug McAdam, John D. McCarthy, Mayer N. Zald, editors, (1996) Comparative Perspectives on Social Movements. Cambridge, UK: Cambridge University Press. Chapter 6 (by McCarthy) and 11 (by Zald). Sidney Tarrow, Power in Movement: Social Movements & Contentious Politics, 2 nd edition (1998) Cambridge, UK: Cambridge University Press. Chapters 6 and 8 8. Claiming rights macroeconomic economic policies : Balakrishnan, Radhika and Diane Elson Auditing Economic Policy in the Light of Obligations on Economic and Social Rights Essex Human Rights Review 5:1 Fukuda-Parr, Sakiko (2015) Food Security in South Africa: Human Rights and Entitlement Perspectives chapters 1 and 13 8

9 CESR (2012) Assessing fiscal policies from a Human Rights Perspective. ctive.pdf Supplemental readings: Elson, Diane (2006). Budgeting for Women s Rights: Monitoring Government Budgets for Compliance with CEDAW 9. Claiming rights: potential and limits of litigation Gauri, Varun and Daniel Brinks (2008), Introduction: The Elements of Legalization and the Triangular shape of Social and Economic Rights, chapter 1, Courting Justice Gauri and Brinks, eds. Cambridge University Press Yamin, Allicia and Siri Gloppen eds (2011) chapter1, chapter 12 Litigating Health Rights: Can Courts Bring More Justice to Health, Harvard University Press Mahajan, Manjari (2012) The Right to Health as the Right to Treatment: Shifting Conceptions of Public Health, Social Research 10. Norms and principles: Globalisation and extra territorial obligations (ETO) Scan webpage of the ETO consortium De Schutter et al 2011 Commentary on the Maastricht Principles on the Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights Human Rights Quarterly Example: access to medicines Forman, L and G. MacNaughton (2015) Moving Human Rights into Practice: Human Rights Impact Assessment of Intellectual Property Rights. Journal of Human Rights Practice Norms and principles - Rights and obligations of corporations Ramasastry, Anita (2015) Corporate Social Responsibility versus Business and Human Rights: Bridging the Gap between Responsibility and Accountability Journal of Human Rights 14.2 UN OHCHR (2011) Guiding Principles on Business and Human Rights 9

10 f Case: gender equality and taxation Berne Declaration et al (2016) State Responsibility for the Impacts of Cross-border Tax Abuse on Women s Equality and Gender Equality r2016.pdf 12. Debate on two topics Panel 1: Are socio-economic rights human rights? Roth, Kenneth (2004) Defending Economic, Social and Cultural Rights: Practical Issues Faced by an International Human Rights Organization Human Rights Quarterly Selections from OpenGlobalaRights debate on economic and social rights Additional resources: Responses by: - Mary Robinson (2004) Advancing Economic, Social and Cultural Rights: The Way Foreward Leonard Rubenstein (2004) Response to Kenneth Roth Kenneth Roth (2004) Response to Leonard Rubenstein - Leonard Rubenstein (2004) Response by Leonard Rubenstein Minkler, Lanse (2013) Chapter 1: Introduction: Why Economic and Social Rights?, in Minkler, The State of Economic and Social Rights: A Global Overview. Cambridge University Press Panel 2: Universality are international human rights universal? : Lee Kwan Yew, Culture is Destiny. In Meijer, ed. Dealing with Human Rights: Asian and Western Views on the Value of Human Rights, Kumarian Press, Bloomfield, CT. Sen, Amartya Human Rights and Asian Values Carnegie Council on Ethics and International Affairs 10

11 Additional readings: Donnelly, Jack The Relative Universality of Human Rights Human Rights Quarterly, Vol 29. pp (A classic, much referred to piece) Li, Xiaorong Asian Values and the Universality of Human Rights. Chapter 36 in Patrick Hayden, ed. The Philosophy of Human Rights 11